Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They could increase the cost of insurance for doctors and alter medical practice.

In general doctors owe their patients the obligation to adhere to the accepted medical practices, without any deviation or the slightest omission. This is known as the standard of care.

To sue a physician over negligence, the patient must be able to prove the following elements by a preponderance of proof: breach of duty, causation and damages.

Duty of Care

The first thing to consider in a medical malpractice case is that the person injured was owed a duty to a doctor that was not met. As opposed to other types cases bridgeport medical malpractice attorney malpractice claims usually require the existence of an established relationship between the doctor and patient. This is established through things like medical records and phone consultations. In general, doctors who treat patients must follow the accepted standards of their profession and practice.

However, doctors may also be liable for the negligence of their staff members, including assistants or interns. They can also be held accountable for the actions of emergency personnel who are under their supervision.

The plaintiff is then required to show that the defendant did not meet the standard care under the circumstances. This is only proven through expert testimony about acceptable Corpus Christi Medical Malpractice Attorney practices, and the defendant's refusal to follow these standards. The second aspect of malpractice is that this breach directly caused harm to the patient. To prove this your lawyer must prove an immediate cause and effect between the defendant's breach of duty and your injuries or corpus christi medical malpractice attorney loved one's untimely death. This is known as proximate reason. If, for instance, the alleged negligent act did not have a negative effect on your health, regardless of whether or not it was performed in a way that was harmful, you will not be able to win damages for any injuries, or even wrongful death, that you believe was caused by the behavior of the doctor.

Breach of Duty

A physician who fails in their obligation of care to the client may be held accountable for negligence. In order to win a medical malpractice case, the injured patient must prove four legal aspects: a duty of professional care existed; the physician breached this obligation; the breach led to injury, and the injury caused damages. The first part of a medical malpractice case is the standard of care that is determined by experts' testimony. The standard of care is defined as the things that would a "reasonably prudent" doctor would perform in the same or similar circumstances.

A physician violates this duty when he or she deviates from the norm of care while treating the patient. For example, if the physician breaks the arm of a patient and is not able to properly set the arm or fails to cast the broken arm. A breach by the doctor causes the broken arm to heal improperly. This could lead to the loss of use, either in whole or in part of use, as well as financial damages.

In most instances, medical malpractice cases are filed with state trial courts. However in certain situations federal courts may also hear these claims. Each of the 94 federal district courts in the United States has a judge-jury panel that is able to hear medical malpractice cases. Most states have a specialized system of state courts that handle these issues. However, they have different rules of court procedures than federal district courts.

Causation

A patient may be entitled compensation for the damages caused if a physician fails to fulfill their obligation to prevent harm. Medical malpractice claims can also arise when a doctor opts to carry out a procedure which has known risks and the patient would not have opted out of the procedure if they had been fully informed of all possible consequences.

In a medical malpractice case the plaintiff must demonstrate that the doctor's actions were not in accordance to accepted standards of practice. This negligence must have been the direct cause of any injury or illness that the patient suffered, and the injury could not have occurred but because of the negligence of the physician. This burden of proof is referred to as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard to convict criminal defendants.

Lawsuits alleging medical malpractice often require expert testimony and lengthy pretrial discovery processes. Whether the case is settled or goes to trial, the lawyers on both sides have to spend substantial time and resources in preparation for the trial. This is why malpractice claims can be so expensive for both the physician and the plaintiff involved. It is also one of the main reasons why physicians and health care organizations support efforts to reform the tort laws in the United States.

Damages

Victims may be awarded punitive or compensatory damages depending on the kind of medical malpractice. Compensation damages are awarded to compensate the patient for the financial losses or expenses resulting from the negligence of the doctor. This includes income loss and future medical costs. Non-economic damages could include the compensation for physical and mental suffering.

Medical malpractice claims are usually filed in a state court of trial. However, there are situations where a lawsuit can be filed in federal court. This is usually the situation when doctors are employed by a federally-funded clinic such as the Veteran's Administration, or if the doctor is from other country, but practices in the United States as part of an agreement with extraterritorial authority.

Medical malpractice lawsuits are adversarial and require extensive legal discovery. This includes depositions, written interrogatories, and requests for production of documents. The victims of medical negligence may also be required to stand trial before a jury, and face the possibility of having their claim rejected by a court or dismissed by a juror.

To be successful in a medical malpractice claim, you must prove that the medical error or negligence caused your injury. The damage must be serious enough that a cash award will significantly compensate for your financial losses as well as emotional distress. New York medical malpractice law also includes certain damages caps and restrictions on the amount an individual patient could be awarded when they are successful in bringing an appeal.